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Full-Text Articles in Law
Regulatory Taxings, Eduardo Peñalver
Regulatory Taxings, Eduardo Peñalver
Articles
The tension between the Supreme Court's expansive reading of the Takings Clause and the state's virtually limitless power to tax has been repeatedly noted, but has received little systematic exploration. Although some scholars, most notably Richard Epstein, have used the tension between takings law and taxes to argue against the legitimacy of taxation as it is presently practiced, such an approach has failed to gain a significant following. Instead, the broad legal consensus is that legislatures effectively have unlimited authority to impose tax burdens. Nevertheless, this Article demonstrates that every attempt to formulate a "Reconciling Theory," a theory that would …
'Bound Fast And Brought Under The Yoke': John Adams And The Regulation Of Privacy At The Founding, Alison Lacroix
'Bound Fast And Brought Under The Yoke': John Adams And The Regulation Of Privacy At The Founding, Alison Lacroix
Articles
No abstract provided.
Remarks On The Alien Tort Claims Act And Transitional Justice, Eric A. Posner
Remarks On The Alien Tort Claims Act And Transitional Justice, Eric A. Posner
Articles
No abstract provided.
Chile - Price Band System And Safeguard Measures Relating To Certain Agriculture Products Paper, Alan O. Sykes, Kyle Bagwell
Chile - Price Band System And Safeguard Measures Relating To Certain Agriculture Products Paper, Alan O. Sykes, Kyle Bagwell
Articles
No abstract provided.
India - Measures Affecting The Automotive Sector Paper, Alan O. Sykes, Kyle Bagwell
India - Measures Affecting The Automotive Sector Paper, Alan O. Sykes, Kyle Bagwell
Articles
No abstract provided.
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Articles
Conflict abroad almost always enhances executive power at home. This expectation has held true at least since the constitutions of antiquity.1 It holds no less true for modern constitutions, including the Constitution of the United States.2 Constitutional arguments for executive power likewise escalate with increased perceptions of foreign threat. It is therefore hardly surprising that broad assertions of presidential power have become commonplace after the events of September 11, 2001, and the ensuing war on international terrorism.
One perennial weapon in the executive arsenal is the so-called "Vesting Clause" of Article II of the Constitution. This clause, which …
The Perils Of Posnerian Pragmatism, Richard A. Epstein
Foreword: A Culture Of Civil Liberties, Geoffrey R. Stone
Foreword: A Culture Of Civil Liberties, Geoffrey R. Stone
Articles
No abstract provided.
Reply: Legitimacy And Obedience, David A. Strauss
Citizen Warranties And Majorities, Saul Levmore
Marriage Licenses, Mary Anne Case
Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
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No abstract provided.
Democracy, Markets, And Doomsaying: Is Ethnic Conflict Inevitable? (Reviewing Amy Chua, World On Fire : How Exporting Free Market Democracy Breeds Ethnic Hatred And Global Instability (2003)), Tom Ginsburg
Articles
No abstract provided.
The U.S. Antitrust Laws In A Global Context, Diane P. Wood
The U.S. Antitrust Laws In A Global Context, Diane P. Wood
Articles
No abstract provided.
National Security, Liberty, And The D.C. Circuit Recent Decisions Of The United States Court Of Appeals For The District Of Columbia Circuit, Cass R. Sunstein
National Security, Liberty, And The D.C. Circuit Recent Decisions Of The United States Court Of Appeals For The District Of Columbia Circuit, Cass R. Sunstein
Articles
No abstract provided.
Mcconnell V. Federal Election Commission: A Deadly Dose Of Double Deference, Richard A. Epstein
Mcconnell V. Federal Election Commission: A Deadly Dose Of Double Deference, Richard A. Epstein
Articles
No abstract provided.
Hail Yale Tribute: Yale Kamisar, Albert Alschuler
Remembering Pine Gate, Douglas G. Baird
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
'Agreeing To Disagree': Filling Gaps In Deliberately Incomplete Contracts, Omri Ben-Shahar
Articles
No abstract provided.
The Case Against Black Reparations, Richard A. Epstein
Taking Eminent Domain Apart, Lee Anne Fennell
The Constitutional Protection Of Trade Secrets Under The Takings Clause, Richard A. Epstein
The Constitutional Protection Of Trade Secrets Under The Takings Clause, Richard A. Epstein
Articles
No abstract provided.
In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein
In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein
Articles
The traditional forms of public health law were directed largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it affects large numbers of individuals, and this definition includes such matters as obesity and diabetes. This paper examines the historical and constitutional evolution of the public health principle as it moved from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could …
Adjudicating In Anarchy: An Expressive Theory Of International Dispute Resolution, Tom Ginsburg, Richard H. Mcadams
Adjudicating In Anarchy: An Expressive Theory Of International Dispute Resolution, Tom Ginsburg, Richard H. Mcadams
Articles
Frequent compliance with the adjudicative decisions of international institutions, such as the International Court of Justice (ICJ), is puzzling because these institutions do not have the power domestic courts possess to impose sanctions. This Article uses game theory to explain the power of international adjudication via a set of expressive theories, showing how law can be effective without sanctions. When two parties disagree about conventions that arise in recurrent situations involving coordination, such as a convention of deferring to territorial claims of first possessors, the pronouncements of third-party legal decision makers-adjudicators--can influence their behavior in two ways. First, adjudicative expression …
An Empirical Analysis Of The Patent Court, Richard A. Posner, William M. Landes
An Empirical Analysis Of The Patent Court, Richard A. Posner, William M. Landes
Articles
No abstract provided.
Optimal War And Jus Ad Bellum, Eric A. Posner, Alan O. Sykes
Optimal War And Jus Ad Bellum, Eric A. Posner, Alan O. Sykes
Articles
The laws of war forbid states to use force against each other except in self-defense or with the authorization of the United Nations Security Council. Self-defense is usually understood to mean self-defense against an imminent threat. We model the decisions of states to use force against "rogue" states and argue that under certain conditions, it may be proper to expand the self-defense exception to preemptive self-defense. We also consider related issues such as humanitarian intervention, collective security, and the role of the Security Council.
Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt
Rethinking Racial Profiling: A Critique Of The Economics, Civil Liberties, And Constitutional Literature, And Of Criminal Profiling More Generally, Bernard E. Harcourt
Articles
No abstract provided.
Contracting Communities, Lee Anne Fennell
Contracting Communities, Lee Anne Fennell
Articles
Private residential developments governed by homeowners associations have rapidly proliferated in recent decades. The servitudes that form the backbone of these private developments are usually viewed as autonomy- and value-enhancing private contractual arrangements that are presumptively valid. Unfortunately, the appealing contractual justification for private land use regimes seems to have shut down many of the usual paths of inquiry into the ability of the resulting arrangements to deliver on consumer preferences. In this article, Professor Fennell seeks to bring the theory surrounding these developments up to speed by focusing on factors that can drive a wedge between homeowner preferences and …
The Right To Marry, Cass R. Sunstein
The Right To Marry, Cass R. Sunstein
Articles
The Supreme Court has said that there is a constitutional "right to marry"; but what can this possibly mean? People do not have a right to marry their dog, their aunt, June 29, a rose petal, or a sunny day. This essay attempts to make some progress in understanding both the content and the scope of the right to marry. With respect to content, it concludes that people have no more and no less than this: a right of access to whatever expressive and material benefits the state now provides for the institution of marriage. It follows that the right …
Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner
Pragmatic Liberalism Versus Classical Liberalism (Reviewing Richard A. Epstein, Skepticism And Freedom: A Modern Case For Classical Liberalism (2003)), Richard A. Posner
Articles
No abstract provided.